Friday, March 24, 2023

Reinstatement Denied

The Kentucky Supreme Court denied a petition for reinstatement of a suspended attorney, while noting a procedural disagreement between its Board of Governors and the Character and Fitness Committee

But the Committee’s focus on Greene’s prior conduct in 2017 was eminently necessary in light of the multiple instances of Greene’s penchant for minimizing his misconduct, indeed even outright misrepresenting it. Green was required to “at least manifest a sense of wrongdoing. He should realize the seriousness of his prior conduct.” Cohen, 706 S.W.2d at 834. His misrepresentation of the facts in the EPSB application and his minimization of his conduct in the Russellville Independent School application show that Greene does not appreciate the seriousness of his misconduct. His testimony to the Committee at the formal hearing which once again insisted on an account of the facts which Greene had previously admitted was false equally demonstrates a failure to appreciate the seriousness of his misconduct; and,
what is more, is an egregious lack of candor. Additionally, Greene’s failure to fully detail the civil cases in which he was a party, particularly the two cases filed against him in 2021 during the application process, are also instances of lack of candor.

Finally, the Committee’s conclusion that Greene had not proven by clear and convincing evidence his rehabilitation is supported by the record. The Committee concluded that none of the affidavits in support of Greene detailed any specific steps or activities Greene had taken during his suspension in an effort to rehabilitate himself. The Board adopted these findings. We therefore cannot say that Greene has rehabilitated himself.

(Mike Frisch)

Bar Discipline & Process | Permalink


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